No.436
The Regulations on Armed Forces Participating in Emergency Rescue and Disaster Relief are hereby promulgated and shall come into force as of July 1, 2005.
country affair courtyard total Li Wen Jiabao
Hu Jintao, Chairman of the Central Military Commission
June 7, 2005
Regulations on military participation in emergency rescue and disaster relief
the first In order to give full play to the role of China People’s Liberation Army (hereinafter referred to as the Army) in emergency rescue and disaster relief, and protect people’s lives and property safety, these Regulations are formulated in accordance with the provisions of the National Defense Law.
the second The army is an assault force for emergency rescue and disaster relief, and it is an important mission of the army to carry out the emergency rescue and disaster relief tasks entrusted by the state.
People’s governments at all levels and military organs shall, in accordance with the provisions of these regulations, do a good job in the organization, command, coordination and guarantee of the army’s participation in emergency rescue and disaster relief.
Article The army participates in emergency rescue and disaster relief and mainly undertakes the following tasks:
(a) rescue, transfer or evacuation of trapped people;
(two) to protect the safety of important targets;
(3) Rescuing and transporting important materials;
(four) to participate in road (bridge, tunnel) emergency repair, maritime search and rescue, nuclear and biochemical rescue, epidemic control, medical rescue and other professional rescue;
(five) to eliminate or control other critical situations and disasters.
When necessary, the army can assist local people’s governments in post-disaster reconstruction.
Article 4 If the rescue and disaster relief organized by the State Council needs the participation of the army, it shall be submitted by the relevant competent department of the State Council to the General Staff of the People’s Liberation Army of China, and the General Staff of the People’s Liberation Army of China shall handle it in accordance with the relevant regulations of the State Council and the Central Military Commission (CMC).
Where the rescue and disaster relief organized by the local people’s governments at or above the county level needs the participation of the army, it shall be proposed by the local people’s governments at or above the county level through the local military organs at the same level, which shall handle it in accordance with the relevant provisions of the State Council and the Central Military Commission (CMC).
In case of danger or emergency, the local people’s government may directly request assistance from the garrison, which shall immediately carry out assistance in accordance with the regulations and report to the superior; The garrison troops shall also immediately provide assistance in accordance with the provisions when they find emergency danger and disaster, and report to their superiors.
If it is necessary to use military aircraft (helicopters) and ships for emergency rescue and disaster relief, it shall be handled in accordance with relevant regulations.
Article 5 Where the relevant competent department of the State Council and the local people’s government at or above the county level propose that the army needs to participate in emergency rescue and disaster relief, it shall explain the type, time, region, degree of harm, measures already taken, and the troops and equipment needed.
Article 6 The emergency rescue and disaster relief headquarters established by the local people’s governments at or above the county level shall be attended by the heads of local military organs at the same level; If there are garrison troops in the local area, the responsible persons of the garrison troops shall also participate.
Article 7 The army’s participation in emergency rescue and disaster relief shall be carried out under the unified leadership of the people’s government, and the specific tasks shall be entrusted by the emergency rescue and disaster relief headquarters, and the army shall be responsible for commanding the emergency rescue and disaster relief operations of the army.
Article 8 The local people’s governments at or above the county level shall timely notify the local military organs of the information about the dangerous situation and disaster situation.
In places where dangerous situations and disasters often occur, the local people’s governments at or above the county level shall organize the military and civilian sides to conduct on-the-spot investigation, rescue and disaster relief exercises and training.
Article 9 The people’s armed forces departments of the provincial military region (garrison, garrison), military sub-region (garrison) and county (city, municipal district) shall keep abreast of the local information on dangerous situations and disasters, handle the emergency rescue and disaster relief matters proposed by the local people’s government, and do a good job in coordination between the people’s government and the troops performing emergency rescue and disaster relief tasks. The relevant military organs shall formulate plans for participating in emergency rescue and disaster relief and organize troops to carry out necessary emergency rescue and disaster relief training.
Article 10 When the army participates in emergency rescue and disaster relief, the local people’s government shall provide necessary equipment, materials, equipment and other guarantees, and send professional and technical personnel to guide the army’s emergency rescue and disaster relief operations; Railway, transportation, civil aviation, public security, telecommunications, postal services, finance and other departments and institutions shall provide priority and convenient services for troops performing emergency rescue and disaster relief tasks.
The fuel needed by the army to carry out the emergency rescue and disaster relief mission shall be jointly organized and guaranteed by the troops carrying out the emergency rescue and disaster relief mission and the local people’s government.
Article 11 If the army needs to use combat reserve materials and equipment to participate in emergency rescue and disaster relief, it must be reported for approval in accordance with regulations. Consumed troops carrying equipment and combat reserve materials and equipment should be replenished in time.
Article 12 The people’s government at the place where the disaster occurred shall assist the troops performing emergency rescue and disaster relief tasks to do a good job in ensuring food, accommodation, water supply, power supply, heating, medical care, sanitation and disease prevention.
The local people’s government and the troops carrying out emergency rescue and disaster relief tasks shall notify each other of the epidemic situation and jointly do a good job in health and epidemic prevention.
Article 13 The expenses incurred by the army in participating in the emergency rescue and disaster relief organized by the State Council shall be borne by the central finance. The expenses incurred by the army in participating in the emergency rescue and disaster relief organized by the local people’s government shall be borne by the local finance.
The expenses mentioned in the preceding paragraph include: expenses for purchasing special materials and equipment, expenses for command and communication, equipment maintenance, fuel, transportation, etc., expenses for supplementary consumption of carrying equipment and operational reserve materials, and subsidies for personnel’s life and medical care.
After the completion of the emergency rescue and disaster relief task, the relevant departments of the army shall timely make statistics on the expenses incurred by the army in carrying out the emergency rescue and disaster relief task and report them to the emergency rescue and disaster relief headquarters for review.
Article 14 The relevant departments in charge of the State Council and the local people’s governments at or above the county level shall reserve special equipment, materials and equipment for emergency rescue and disaster relief in areas where dangerous situations and disasters occur frequently or are listed as key monitoring and prevention of disasters, so as to ensure the needs of emergency rescue and disaster relief.
Article 15 The publicity and reporting of the army’s participation in major emergency rescue and disaster relief operations shall be organized and implemented by the relevant competent departments of the state and the army. News organizations shall abide by the relevant provisions of the state and the army when covering and reporting the participation of the army in emergency rescue and disaster relief operations.
Article 16 Military units and individuals who have made outstanding contributions in the implementation of emergency rescue and disaster relief tasks shall be rewarded in accordance with the relevant provisions of the state and the army; Persons who are killed or disabled shall be given preferential pensions in accordance with the relevant provisions of the state.
Article 17 The Chinese People’s Armed Police Force shall participate in emergency rescue and disaster relief with reference to these Regulations.
Article 18 These Regulations shall come into force as of July 1, 2005.